LIMITATION CLAUSE INCORPORATED INTO CONTRACT

Shepherd Homes Ltd v Encia Remediation Ltd [2007] EWHC 70 (TCC); [2007] BLR 135

In Shepherd Homes Ltd v Encia Remediation Ltd [2007] EWHC 70 (TCC); [2007] BLR 135 Mr Justice Christopher Clarke held that a limitation clause which limited the contractors’ liability at a maximum of the contract price was not a particularly unusual clause and that it had been incorporated into the contract concluded between the contractor and the sub-contractor. Further, he held that the clause was not invalidated by s3 of the Unfair Contract Terms Act 1977.